By Declan Emelumba
Imo State Governor, Senator Hope Uzodimma believes in the rule of law. That is probably why he is the most abused governor in the country. Because he had always refrained from employing violence in fighting his battles, the opposition in the state and their rag-tag army of hangers on have taken undue advantage of this disposition to rail on him underservedly. But as a product of the Democratic process, including the rule of law, the governor has always believed in seeking redress through the institutions established by the Constitution for that purpose.
On the other hand, the press is empowered by the Constitution to inform, educate and entertain. The Journalists who perform these functions on behalf of the press are also guided by some rules in such a manner to ensure that the freedom of the press is not absolute. The law of defamation is there to restrain Journalists from any form of recklessness. Defamation is made up of libel and slander. Libel also has two arms, which are civil and criminal. While someone who is injured by the publication of civil libel can seek redress in court and demand payment of damages, criminal libel is subject to prosecution by the state because it involves sedition which is a threat to national security. These are rudimentary lessons taught Journalists in school.
Unfortunately, since the advent of social media and the emergence of quacks in the journalism profession, these statutes are observed in the breach. It is against this background that we should situate the current ordeal of a radio presenter in Imo State, Mr Chinonso Uba, aka, Nonsokwa, of Oziza FM, Owerri. Ever since his arrest by the police, some commentators have been obfuscated by emotion such that they have not taken a minute to even examine the circumstances surrounding his arrest. Some have even gone overboard by suggesting that the Imo State Government is suppressing press freedom and emasculating Journalists in the state. What an arrant nonsense. Chinonso Uba’s arrest has nothing to do with press freedom. It has a lot to do with his personal choice bordering on recklessness and Dutch courage.
I am amazed that some people jumped on the bandwagon of demanding Uba’s release and castigating both the police and the Imo State Government for his arrest without first knowing what led to his predicament. Let me help such people out of their misery, hoping that they will be sober enough to interrogate the issues without being biased. Uba abused his office by publishing what he knew to be falsehood without recourse to subjecting it to the tenets of the journalism profession of crosschecking the facts. He caused to be broadcast that Gov Hope Uzodimma and Asari Dokubo conspired to kill Imo people, and are responsible for the killings in Imo State. The material was recorded , and he also posted it on Facebook. Nobody would have been worried if Uba accompanied such a weighty allegation with proof, knowing the sensitive nature of the information and the tensed atmosphere in the state.
If it were in a state that the populace is not as enlightened and cosmopolitan like Imo, the people would have gone to the street demanding the resignation of Hope Uzodimma as GOVERNOR. Others would have gone as far as attacking the governor physically with the intent to harm him. It is necessary to point out here that this is not the first time that the said Nonsokwa has caused to be broadcast inflammatory falsehood that even led to the closure of the Oziza FM Radio, Owerri by the National Broadcasting Commission.
For the governor, resorting to violence was not an option. The question of debunking the allegation didn’t matter much because, just like what is happening in the media space now, some already have their fixated opinion. That was why the government approached the police, the very institution constitutionally entrusted with the responsibility of the investigation of crimes. The governor swore an oath to protect the lives and property of the people of the state. If found culpable of killing as alleged by Uba, he ought to be first removed from office and then prosecuted. Consequently, he needed to clear his name without taking the laws into his own hands, hence the petition to the Inspector General of Police.
In this narrative, where is the intimidation coming from? From Uba ,who alleged or from Uzodimma, who is defending? There is a written complaint from the government against Uba. Uzodimm and Uba are both citizens of NIGERIA, governed by the same Constitution. It is the duty of Uba to substantiate before the police his allegation against Uzodimma. It is a trite law that he who alleges , also proves. The man who engaged in seditious publication is not protected by any press freedom. For any action, there must be consequences. Those who have practised journalism are aware of this sacred injunction… leave out when in doubt. It appears Uba wanted to play to the gallery by acting up like a hero when he knew that the price for such foolery was accountability.
That accountability of proof is what the police are seeking in his arrest and not the abridgement of any phantom press freedom. Instead of people addressing their minds and searchlight on this fact, they are talking glibly of the so called getsapo arrest of Uba. Firstly, nobody teaches the police how to do their jobs. Those engaged in that assignment attended various police colleges and academies scattered around the country and beyond. Secondly, there is also nothing in the police manual that straight jackets them on the time frame and style they should employ in effecting any arrest. Those who arrested Uba were in police uniform and properly identified themselves. For a rascal who believes he is above the law because he has a microphone and an airwave; for a serial evader of arrests, Uba may not have presented himself as a citizen to be treated with all niceties by the police. I have no doubt that the police committed no crime in the manner of arrest, considering the circumstances.
At any rate, it has been proven that Uba was not abducted by Uzodimma’s “goons” as was alleged by some blind zealots in an indecent haste to attract undue attention. For the avoidance of doubt, Nonsokwa was arrested for questioning by the police. His “capture”, was not orchestrated by the governor. In the performance of their constitutional assignment, the police require Uba to shed light on his weighty allegation that Uzodimma and Asari Dokubo are responsible for the killings in Imo. I am sure that as soon as he provides the needed proof, the police will let him go, after which those responsible would be called to account. If, on the other hand, he failed to substantiate his allegation, I am sure that the police also know the next course of action. In either way, the matter is beyond those baying for the blood of Uzodimma or the police.
But one thing that we should actually take away from the Uba saga as Journalists is the fact that we don’t have absolute freedom to publish what we desire. The law of defamation is always there to moderate our conduct. And in a situation where we have non Journalists performing the duties of journalists, the gatekeepers have to be more circumspect in the discharge of their oversight functions. There should also be regular refresher courses on press freedom and press law to wake us from this delusional grandeur of being untouchables. Journalists are not above the law. They, like other professionals and Nigerians, are subject to the law. Therefore, those arguing that press freedom is on trial in Nigeria or that Journalists are being obstructed in the performance of their jobs are totally off the mark. Chionso Uba recklessly caused to be broadcast, a seditious material. He now has the opportunity to prove his case before the law. Nobody, not Uzodimma, not the police, is witch-hunting him. And this is the truth and nothing but the truth
Emelumba is the commissioner for information and strategy, Imo state